Key Benefits:
Law of 2 May 1990, implementing the European Convention on the Recognition and Enforcement of Decisions concerning the Authority of Children and on the Recovery of Authority (European Convention on the Recognition and Enforcement of Judgments of the European Communities of 20 May 1980) children, implementation of the Convention on Civil Aspects of International Child Abduction entered into the Hague on 25 October 1980, as well as general provisions relating to requests for the return of the children of children kidnapped children on the Dutch border and its implementation
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to provide legal provisions for the implementation of the European Convention on the Recognition and Enforcement of Judgments of 20 May 1980. on children and on the restoration of authority over children ( Trb. The Convention on Civil Aspects of International Child Abduction, adopted on 25 October 1980 in The Hague on 25 October 1980 ( Trb. 1987, 139) and, in the light of the above, to lay down general provisions on requests for the return of abducted children on the Dutch border and their implementation;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act,
(a) the European Convention: the European Convention on the Recognition and Enforcement of Judgments on Children and on the Restation of Custody of Children (the European Convention on Children) ( Trb. 1981, 10);
b. The Hague Convention: the Hague Convention on Civil Aspects of International Child Abduction, adopted at The Hague on 25 October 1980 ( Trb. 1987, 139);
c. International abduction of children: the wrongful removal or unauthorised return of a child in violation of a law of authority, as defined in Article 3 in relation to Article 5 A of the Hague Convention.
This law governs the implementation of the Article 1 It is also applicable in cases of international abduction of children not governed by a treaty.
1 This law applies to international abduction of children who have not reached the age of sixteen years.
2 Attained a child in respect of which a request for a return guidance is the age of 16 years, and the examination of that application shall be of its own motion. The same shall apply to measures for the implementation of a decision to a request.
1 Our Minister of Justice is a member of the Dutch Official Gazette The decision shall be made publicly available to the department under its Ministry responsible for the task of central authority as provided for in Article 2 of the European Convention and in Article 6 of the Hague Convention. This central authority, as such, is also responsible for the handling of requests in cases of international abduction of children not governed by a treaty.
2 The designation of the central authority referred to in the first paragraph does not mean that a person directly turns to the court or other authorities with a view to the recognition of the legal authority of an abducted child; the restoration of that authority and the return of that child, or the establishment or modification of a transitional arrangement.
1 The central authority shall be empowered, if necessary without any express power of attorney, to act on his behalf, other than straight, with a request to the Commission.
2 The central authority shall bear all the costs relating to the performance of its mission, in so far as it cannot be recovered from the applicant or recovered from the person responsible for the international abduction of the child. be responsible or co-responsible.
1 If the Central Authority decides not to treat a child's request for the return of a child, or to discontinue treatment of such a request, it shall inform the applicant so that it does so. The applicant may require the central authority to communicate its decision to him in the form of a decision stating the grounds on which the decision has been taken. The Central Authority shall notify its decision by registered letter to the applicant.
2 The applicant may, within one month of receipt of the decision, stand up to the courts of the Hague, in the case of a statement of objection to be lodged by a lawyer. The court shall hear the applicant and the central authority on the objection of objection. If the court considers the objection to be well founded, it shall destroy the decision of the central authority and give a reasoned order which shall take place in its place. No appeal shall be made against the order of the court of appeal, except in cassation in the interests of the law.
The Central Authority may, in accordance with instructions to the Council, be responsible for the implementation of certain acts. The provisions of this Title shall also apply in respect of the Board of Child Protection.
The municipal authorities and civil servants shall provide the central authority with all information free of charge and shall, free of charge and free of charge, provide it with all copies and extracts from their registers which are the authority of that authority. asks in connection with the performance of its task.
1 If the central authority for finding the residence of a child in the Netherlands is required to cooperate with police officers appointed for the execution of the police task, it may apply to the person responsible for the execution of the police task; District attorney in the district where the child is believed to be staying, or else in the arrondissement ' s-Gravenhage. The D.A. may, in accordance with his instructions, delegate the case to a prosecutor in another district if the discovery is likely to be carried out in that district.
2 The district attorney referred to in paragraph 1 shall give priority to a request for cooperation from the Central Authority.
3 The official of police appointed for the execution of the police task assigned to cooperate in the search for the residence of a child may enter any place to that effect, provided that it is reasonable for the person concerned to carry out his or her duties. It is necessary to carry out its task.
1 The central authority shall inform the person in whom the abducted child is residing in the notice of the request for the return of the child and the grounds on which it is based. It shall also include in this communication the possibility that a request for the issue of a right of return may be filed, if not within a reasonable period to be set by the Commission, to that request voluntarily. ed.
2 The central authority may omit the notice referred to in the preceding paragraph where it considers the circumstances of the case the extreme urgency or the voluntary cooperation of the person in whom the child is born. does not have to be expected.
1 Without prejudice to the jurisdiction of the jurisdiction of the Hague in proceedings for interim relief, the Court of First Instance alone has jurisdiction over all cases relating to the compulsory issue of the Court of Justice of the European Union. an international abducted child to the person who has the authority to that effect and the return of a child on the Dutch border.
2 The child judge of the court within whose jurisdiction the child has a real residence is, without prejudice to the jurisdiction of the provision judge for interim measures, to have jurisdiction over all cases relating to the case of the child. rules and implementation of rights of access in international cases, including requests as referred to in Article 14 of this law. If the child does not have a real place of residence or cannot be established, the child judge of the Court of The Hague shall have jurisdiction.
The Article 11 the cases referred to are opened with a petition.
1 The forced release of an international abducted child to the person to whom the authority is assigned and the return of a child on the Dutch border shall only be possible from a court order to that effect.
2 The court shall examine the request as a matter of priority. The request shall be treated with closed doors, in accordance with the provisions of the Article 803 of the Code of Civil Procedure . The judge shall decide not than having the child to express his opinion, at least after having called it properly, unless it is in relation to the physical or mental state of the child. impossible to apply or to apply to Article 8 or 9 of the European Convention. The provisions of Article 802 of the Code of Civil Procedure shall apply.
3 In cases where no convention is applicable, the court may reject the application on the grounds set out in Article 12 (2), (2), (13) and (20) of the Hague Convention.
4 The court may, upon request or of its own motion, a certified institution as referred to in Article 1.1 of the Youth Act Tax on the child's provisional custody if there is a risk of removal from the execution of an order as referred to in the fifth paragraph. The decision shall cease to be effective if the application is rejected. Article 306a of Book 1 of the Civil Code shall apply mutatis mutandis.
5 If the Judge assigns the request, he shall recommend the issue of the child to the person to whom the authority is concerned, or, if this is not possible, for the time being, to a certified institution as referred to in Article 3 (1). Article 1.1 of the Youth Act . He may also, on request or of his own motion, condemn any person responsible for the international abduction of the child, or co-responsible, to payment to the central authority, or to the person to whom the authority is over -child, of the costs incurred in connection with the abduction and return of the child. If more persons are involved in the kidnapping, they shall be jointly and severally liable for the whole. The appeal shall suspend the enforcement of the decision, unless the court in the interest of the child, upon request or of its own motion, decides otherwise.
6 Article 813, Second paragraph of the Code of Civil Procedure shall apply to the implementation of an order as referred to in the fifth paragraph.
7 An appeal of a final decision must be instituted within two weeks of the day of the day of that decision.
8 The decision of the Court of Justice does not open any legal remedy.
1 Any person who exercises authority over a child in the Netherlands may request the court to give the decisions referred to in paragraph 2 with respect to the right of access in respect of that child, if it is outside the jurisdiction of that child, The Netherlands has to go. Decisions may be taken for one or more of the visits or periods in which the right of access to the child may be exercised.
2 The decisions referred to in paragraph 1 shall be:
(a) establish that the legal authority shall apply to the applicant in cases where this is not already established by a judicial decision;
b. to arrange for the place and duration of the stay of the child outside the Netherlands and, if necessary, other circumstances relating to the stay, taking into account decisions already in force on the right of access;
(c) making a request to the competent authorities of the State in which the child is residing during the exercise of access rights to supervise or enforce that right, in particular with regard to the place and the place of access to the child; duration, and, where necessary, to take measures for the return of the child to the child following the date of the present day's period of exercise of that right.
The court which is to decide on the authority of a child in respect of which a request for the return to return has been made to the central authority shall hold its decision until such time as the request is made irrevocably. If a request for a return is not yet made, the Judge shall keep his decision for a reasonable period if he has good reason to believe that the child has been abducted at international level within the meaning of Article 1 C and that a request for its return will be made.
1 Any person referred to in the Convention in connection with the application of a Treaty Article 1 whether due to the application of this law in the Netherlands to legal action and for that purpose need legal aid, may, if necessary, be subject to the law of the Law of 4 July 1957, Stb. 233, to the provision of legal aid to non-and mineworkers.
2 Persons referred to in paragraph 1 shall be exempt from the lodging of security for the payment of costs, claims and interests in which they may be lodged.
Detailed rules for the implementation of this Act may be laid down in accordance with general measures of management.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: "International Child Abduction Act".
Burdens and orders, which are in the State Sheet will be placed, and that all ministries, authorities, colleges and civil servants who so concern will keep their hands on the precise execution.
Issued at The Hague, 2 May 1990
Beatrix
The Minister of Justice,
E. M. H. Hirsch Ballin
The Secretary of State for Justice,
A. Kosto
Published the seventeenth of May 1990The Minister of Justice,
E. M. H. Hirsch Ballin
